These terms and conditions outline the rules and regulations for the use of the ABAdog Website at https://www.abadog.com
The website is owned and operated by ABAdog PTY LTD (ACN 629 065 587) By accessing this Website or any associated products including generated plans or protocols, we assume you accept these terms and conditions in full. Do not continue to use the ABAdog Website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, the Privacy Statement and Disclaimer Notice and any or all Agreements: "The Terms" and "The Conditions" and "The Terms and "Conditions" refers to these terms and conditions. "The Website" refers to all pages located at the domain https://www.abadog.com. "Client", "User", "You" and "Your" refers to you, the person accessing this Website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company named Abadog. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. "The Service" refers to the service being provided by ABAdog and the Website to provide a behavioural report for a dog ("The Dog"). "The Owner" refers to the owner or guardian of the dog that the service is being used for. "The Content" refers to all information and advice given to the user through the use of the Website, including but not limited to all reports, plans and protocols. "Coupons" refer to digital tokens that are produced by the website and are redeemable for a product or service that is linked with them through a unique code. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company"s stated services/products, in accordance with and subject to, prevailing law of the State of Victoria within the Commonwealth of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation, lowercase, and/or he/she or they, are taken as interchangeable and therefore as referring to same.
ABAdog Website provides suggestions on the veterinary and/or dog training services that the Client may need based on the Client’s completion of the ABAdog questionnaire by using an automated software.
The suggestions are generated by an automated software and thus are for informational purposes only. The suggestions do not in any way constitute medical, veterinary or legal advice. ABAdog encourages the Client to seek independent advice from a suitably qualified dog trainer and from a registered veterinarian. ABAdog is in no way responsible or liable for the suggestions generated by an automated software.
None of the advice or content within the Website is Veterinary advice, nutritional advice, nor is it a Veterinary service or any form of Veterinary medicine. This is general dog behavioural advice only, and you must seek independent veterinary advice for any recommendations or information provided by the website relating to the dog's health.
None of the topics covered in the report are a confirmed "diagnosis", and the absence of information on a disease or behaviour does not indicate that it is not present.
None of the information provided by the website should be used to justify any delay in seeking appropriate professional help and ABAdog is not liable for any delay in medical diagnosis.
The presence of questions asking about a potential medical problems does not constitute a veterinary history and is not exhaustive.
The flagging of a potential health problem in a dog that is subsequently investigated may incur costs and it is the decision between the owner and their veterinarian as to what they do.
This advice is general in nature, and designed to give details on behavioural advice for dogs matching the behavioural profile of the dog. For specific advice on how to treat the dog you must consult a trainer or veterinarian that can tailor the general advice given here to your specific dog. Animal advice only.
You understand and accept that any errors or omission of information by the owner into the website when using the service may result in dangerous or incorrect advice being generated for the dog and other animals, people or property. (For example, failing to mention that a dog bites or growls at children might result in a behaviour report that suggests actions that would be unsafe if children were close to the dog)
You understand and accept that the website and all content generated by it is designed to be used by people that have effective and safe control over all animals and people involved.
You understand and accept that the website and all content generated by it should only be used by adults over 16 years of age.
There is no guarantee of competence of any third party professional (including trainer, veterinarian or Vet with further training in behaviour) listed within the website.
As the report will contain a large amount of information, it is possible that the client or an owner could misinterpret some information and by using this website you accept this risk.
As covered in the general disclaimer:
The report is provided "as is" and so does not guarantee completeness of treatment for the problem
As behavioural conditions in dogs are complicated and multifactorial, there is not guarantee that the information provided here will fix or improve the behavioural issues.
The client has the right of a full refund should the service fail to meet the expectations as set out in the Terms here by providing a comprehensive account of their dog's behaviour with an extensive set of basic customised behavioural information that is relevant to their dog. This right to refund is void if the client has wilfully or carelessly entered incorrect information in the behaviour questionnaire while using the service.
Maximum one refund per customer.
You agree to waive your right to any refund if you download, copy or save the behaviour report for offline use or personal backup/storage. You can view the entire report online.
The clients right to refund offer expires one week after purchase.
The final decision of whether a refund will be given is at the sole discretion of Abadog
Patient information and confidentiality: by providing the details of or selecting third parties that you wish to send a copy of the dogs behavioural report to, you are expressly granting permission to share all information you have provided to ABAdog to the third party via the website, including your name and contact details.
There is no guarantee of the safety of the advice contained within the report. Additional warnings are provided as a precaution, in order to help increase the safety of the information. The provision of the warnings is not an admission of providing unsafe advice, rather they are provided in good faith to try to prevent a dangerous situation from occurring to begin with. In addition to the general liability section, ABAdog shall not be liable for any failure to read or comply with the warnings provided by the service or the content.
The period of service that ABAdog provides for the client and their dog is not indefinite. ABAdog agrees to hold the report for the owner for at least two years following the completion of the questionnaire. After this time ABAdog has the right to end the service agreement and cease hosting of all data for the client. Before this occurs the client can download the report and will be given at least one month's warning beforehand.
By using the website you understand that the language provided is only English, and as covered in the General Liability section, ABAdog will not be held liable for any misunderstanding due to a user failing to have a sound comprehension of English.
All users must understand that the website cannot guarantee the safety of any dog or other animal. Even if a dog demonstrates improvement there is no guarantee that they will not revert to their previous behaviour. Similarly, there is no guarantee that a dog will not begin to show new problematic behaviours with time.
Unless otherwise stated, Abadog® (Abadog) and/or it's licensors own the intellectual property rights for all material on Abadog. All intellectual property rights are reserved. You may view and/or print pages from https://www.Abadog.com for your own personal use subject to restrictions set in these terms and conditions.
Unless specific written consent is given to you by Abadog, you must not:
Republish material from https://www.Abadog.com
Sell, rent or sub-license material from https://www.Abadog.com. The single exception to this point is the selling or sharing of a website product to a user through the inbuilt website referral system where:
copies of the report can be shared with one dog trainer and two veterinarians that are associated with the owner.
coupons can be used only as is outlined in the coupon section below (5)
Create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Adapt or change any part of a behavioural report
Upload any report to a third party
Reproduce, duplicate or copy material from https://www.Abadog.com
Redistribute content from ABAdog (unless content is specifically made for redistribution).
Provide a report generated by the Website to an owner in part or full without:
Providing them with a copy of these terms and conditions or
Attributing the authorship of the report to Abadog
Use Abadog's logo or other artwork absent a trademark license agreement.
ABAdog retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright
A right to use or exploit a business name, trading name, domain name, trade mark or industrial design
Thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process)
Each coupon is identified by an individual code, and is redeemable for a discount on a single ABAdog product as named at the time of purchase.
Coupons for ABAdog products/services purchased on the website can be sold by users to other users or dog owners at a price that is equal to or greater than the current full retail price that users can purchase the equivalent product or service on the website.
Coupons for ABAdog products/services can be bundled with additional products provided by a user (such as a consultation or training session) as long as the total price is equal to or greater than the current full retail price (this is encouraged!).
To redeem the coupon, the user must type the coupon code into the coupon code box in the website and the relevant discount will be automatically deducted from the final price of the qualifying purchase. If the user fails to enter the coupon code at the time of purchase as specified, the purchase will not be eligible for the discount. Discounts may not be claimed after confirmation of a purchase on the website.
Any users losing any coupons through intentional or unintentional sharing of the coupon code leading to it being redeemed by another user will not by entitled to a refund. It is the responsibility of the user to keep their coupon codes secret and private.
The user understands that ABAdog may change the pricing of the products or services (including coupons) with two weeks notice, and:
in the event that the value of the coupons is reduced by Abadog, the user will be credited with additional coupons to ensure that their the total value of their coupons at the current recommended price is equal to or greater than before the price was reduced
in the event that ABAdog increases the value of a coupon, users who own coupons will not be required to pay the difference, however they will need to adjust their prices accordingly as set out in the terms above
if the user needs to adjust the price at which they are selling their services or coupons to satisfy the terms, they must do so or else forfeit their coupons without refund
Coupons for ABAdog products/services are to be considered equivalent to the product or service that they represent in regards to the terms, and remain the property of ABAdog after both purchase and resale.
Coupons are provided with a 2-year expiry date, before which they must be used. After this date they are invalid and not redeemable.
Coupon purchases are non-refundable except where required by applicable law.
any user who is found attempting to guess, steal or gain access to coupons in an illegal manner can be banned from the website without refund
any user who is found to be selling any form of ABAdog service or product (including coupons for the website) at a price below the current retail price that they accepted at the time of purchase will be in breach of the terms and ABAdog has the right to inactivate or invalidate any coupons that are or were associated with the user, without right of refund.
Subject to this clause and to the extent permitted by law:
All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
ABAdog will not be liable for any special, indirect or consequential injury, death, loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content of these Terms (including as a result of not being able to use the content or the late supply of the content or report), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the content including all support advice, reports, and any other information or instruction given by ABAdog is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of ABAdog make any express or implied representation or warranty about the content or any products or content (including the products or content of Abadog) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the content or any of its content related products (including the report and any third party material or advertisements on the Website);
costs incurred as a result of you using the Website, the content or any of the products of ABAdog including the report;
the content or operation in respect to links which are provided for your convenience;
Limitation of liability
Abadog's total liability arising out of or in connection with the content of these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
You expressly understand and agree that Abadog, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that ABAdog holds no liability for any direct, indirect, incidental, special consequential or exemplary injury, death or damages which may be incurred by you as a result of providing your content, business name, trademark or contact details to the Website.
You acknowledge and agree that ABAdog holds no responsibility or liability for any content from the Website that you use or provide to any third party (including but not limited to owners who are clients). You agree to indemnify and defend us against all claims arising out of or based upon their use of the Website.
Termination of contract
If you want to terminate the Terms, you may do so by providing ABAdog with 2 days" notice of your intention to terminate by sending notice of your intention to terminate to ABAdog via the "Contact Us" link on our homepage.
ABAdog may at any time, terminate the Terms with you if:
You have breached any provision of the Terms or intend to breach any provision;
ABAdog is required to do so by law;
You are considered to be acting against the interests of ABAdog or a third party with unfair, offensive or malicious use of the website;
ABAdog is transitioning to no longer providing the Services to members in the country in which you are resident or from which you use the service; or
The provision of the Services to you by Abadog, is in the opinion of ABAdog no longer commercially viable.
Subject to local applicable laws, ABAdog reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Abadogs name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and ABAdog have benefitted from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provision of the clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Abadog, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
All actions, suits, claims, demands, liabilities, costs, expenses, loss, injury, death and damage, (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Website;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice: A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution: on receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must:
Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 14 days after the day of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Company or his or her nominee.
The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation;
The mediation will be held in Victoria, Australia.
Confidential: All communication concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of the applicable laws of evidence.
Termination of mediation: If 1 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and jurisdiction
The services offered by ABAdog is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent legal advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part which is void or unenforceable shall be severed and the rest of the Terms shall remain in force.